Declaration of an Approved Wildlife Trade Management Plan – Sustainable Kangaroo Harvest NSW 2022–26

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the protection of the environment, particularly biodiversity, and to manage the impact of activities on the environment. The Act aims to provide a framework for the protection and management of the environment and biodiversity, including wildlife trade. This Act was introduced by the Commonwealth Parliament with the policy objective of ensuring that the impact of activities on the environment is properly assessed and managed. In 2022, Minister for the Environment Sussan Ley declared the Wildlife Trade Management Plan for the Commercial Harvest of Kangaroos in New South Wales 2022–26 as an approved wildlife trade management plan under the Act. This declaration is effective from 1 January 2022 until 31 December 2026, with certain conditions applied to ensure the commercial harvesting of kangaroos in New South Wales is conducted in accordance with the Plan.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to the sustainable commercial harvest of kangaroos within the state of New South Wales, as outlined in the Wildlife Trade Management Plan for the Commercial Harvest of Kangaroos in New South Wales 2022–26. This legislation imposes obligations on entities involved in the commercial kangaroo harvest in NSW, requiring adherence to the specified Plan. The declaration by Sussan Ley, the Minister for the Environment, formalises the approval of this Plan and establishes a five-year timeframe for its application, from 1 January 2022 until 31 December 2026. Additionally, the declaration mandates the NSW Department of Planning, Industry and Environment to notify the Commonwealth Department of Agriculture, Water and the Environment of any alterations in kangaroo management arrangements that may impact this declaration. Furthermore, the declaration includes specific reporting requirements, such as the submission of a quota report by 30 November each year and an annual report by 31 March each year, both covering the preceding calendar year. The scope of this Act is limited to the wildlife trade management plan for kangaroos in NSW and does not extend to other states, territories, or wildlife species unless specifically addressed by additional legislation or regulations.

Key Provisions

The primary operative sections of this declaration establish the Wildlife Trade Management Plan for the Commercial Harvest of Kangaroos in New South Wales 2022–26 as an approved wildlife trade management plan under section 303FO of the Environment Protection and Biodiversity Conservation Act 1999. Section 303FR outlines the process for public consultation, and section 303FO specifies the criteria that must be met for such a plan to be approved. The declaration mandates that commercial harvesting of kangaroos in New South Wales must adhere to the Plan (section 1). This declaration will remain in effect for a period of five years, from 1 January 2022 until 31 December 2026, unless it is amended or revoked (section 2). The Act imposes several obligations on the parties involved. The NSW Department of Planning, Industry and Environment is required to notify the Department of Agriculture, Water and the Environment of any changes to kangaroo management arrangements in New South Wales that may affect this declaration (section 3). Additionally, the quota report as outlined in Action 7.1 of the Plan must be submitted to the Department of Agriculture, Water and the Environment by 30 November each year (section 4). Similarly, the annual report, also under Action 7.1 of the Plan, must be submitted by 31 March each year, covering the preceding calendar year (section 5). In terms of consequences for non-compliance, the legislation does not explicitly detail specific offences or penalties within this declaration. However, breaches of the Environment Protection and Biodiversity Conservation Act 1999 could lead to various civil or criminal penalties, depending on the nature and severity of the breach. These penalties could include fines or imprisonment as stipulated by other sections of the Act, although the exact penalties are not specified in this particular declaration.